ABC sued over fixed-term contracts for Play School worker

The media union has initiated Federal Court proceedings against the ABC, alleging staff are being forced into successive fixed-term contracts that breach the law.

The Media, Entertainment and Arts Alliance is pursuing the case on behalf of Tom Scott, an associate producer of long-running ABC television program Play School.

In December 2023, new employment laws came into effect limiting fixed-term contracts to a period of two years, including renewals or extensions. In addition, a contract cannot be renewed more than once.

According to MEAA, the staffer had been employed under three successive annual fixed-term contracts. The MEAA claims when the ABC asked the employee to sign a third fixed-term contract, for the current calendar year, they were in breach of the Fair Work Act. They are seeking the removal of the fixed termination date from the contract.

This will mark the first test case for the law in regards to television jobs, which are often contractual by nature.

Play School cast

It comes as “the result of failed attempts to resolve the issue between the union, on behalf of the member, and ABC management,” according to a statement released by the MEAA.

MEAA Chief Executive Erin Madeley said, “of all employers, the ABC as the nation’s publicly funded broadcaster should recognise the need to respect workers and model appropriate employment standards.

“Unfortunately, the abuse of fixed-term contracting is an issue across creative industries and the economy more broadly.

“Australia needs a thriving cultural sector in which workers can have sustainable jobs. We are drawing a line and standing up for secure jobs across our industries.”

A spokesperson from the ABC’s union house committee said the “unfair use of short-term contracts has been growing at the ABC, seemingly as a means for management to push the budgetary risk of funding cuts onto the staff.”

The committee spokesperson said staffers employed under insecure arrangements “cannot be expected to perform their roles without fear or favour, build sustainable careers, or stand up for their rights in the workplace without concerns over potential reprisal,” noting that women and staff from diverse backgrounds are “particularly impacted by the risks of insecure jobs, which we fear worsens issues like pay gaps, and bullying issues in our workplace.”

“Staff who have worked hard for the ABC over multiple years or projects have a right to secure ongoing employment that affords them the security to do their jobs well for the public they serve.”

Mumbrella has reached out to the ABC for a response.

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